What is rape, anyway? Do you know?

visceral_instinct said:
How do you mean? Do you mean how would you know if it was out of fear?
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Yea, how do you know she consented out of fear.
Imagine the trial.

Lawyer to guy: Did you ask her if she wanted to have sex with you ?
Guy: Yes I did.
Lawyer to guy: And, did she consent ?
Guy: Yes she did consent.

Lawyer to woman: Is this true ? Did you consent to having sex with him ?
Woman: Yes this is true. But I was afraid to tell him "no".

What is the Judge supposed to do ?
 
Have you ever done anything under duress? Tell me what that feels like. If you say someone forced you to kill someone what would the judge do? Maybe ask what it was that made you fearful?
 
sniffy said:
Have you ever done anything under duress? Tell me what that feels like. If you say someone forced you to kill someone what would the judge do? Maybe ask what it was that made you fearful?
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You're coming up with all sorts of illegal acts.
Committing murder is a crimes whether you were pressured into doing it or not.
Not so with having sex.
 
Enmos said:
You're coming up with all sorts of illegal acts.
Committing murder is a crimes whether you were pressured into doing it or not.
Not so with having sex.
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So is sex under duress rape? The answer to that question is the answer to your question.
 
sniffy said:
So is sex under duress rape? The answer to that question is the answer to your question.
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Of course it is. But I wasn't referring to duress, but just to consent out of fear whatever the cause of the fear.
The problem is establishing that the consent was given out of fear.
 
Enmos said:
Of course it is. But I wasn't referring to duress, but just to consent out of fear whatever the cause of the fear.
The problem is establishing that the consent was given out of fear.
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Why is that a problem? Because it's like a bit difficult.....?
 
And what is "just" consent out of fear? I'll take your nail varnish away? I'll punch you in the face? I'll kill the kids? I'll make you're life a living hell?
 
sniffy said:
And what is "just" consent out of fear? I'll take your nail varnish away? I'll punch you in the face? I'll kill the kids? I'll make you're life a living hell?
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You know what lover boys are ?
Or maybe a boss that's coming on to an employee, and that employee doesn't say no because she might loose her job.

These are obvious examples..
 
sniffy said:
So the judge asks why were you afraid to say 'no'. What is difficult about that?
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Is he going to believe her on her word that she didn't say "no" out of fear ? Maybe she just wants to screw him over (pardon the pun).
 
If you look into the feminist bullshit, then you'll end up finding about stuff like rape culture and male privilege.

Both of these types of bullshit can be used to justify her 'fear' if she has some liberal wingnut for a judge.
 
I think consenting from fear is the same thing as consenting because you were threatened. Which I believe is still considered rape. Even if the threat isn't verbal. Like you know the person has a violent temper and you are afraid to say anger them in any way for fear of your safety, that becomes gray rape though, because it involves intention which is difficult to prove. Kind of like the class bullying telling you to give them your lunch money. And you do it because you know they'll hurt you if you don't. So is it still stealing? Or would it be considered a gift because no one physically forced you to hand your money over.
 
CutsieMarie89 said:
I think consenting from fear is the same thing as consenting because you were threatened. Which I believe is still considered rape. Even if the threat isn't verbal. Like you know the person has a violent temper and you are afraid to say anger them in any way for fear of your safety, that becomes gray rape though, because it involves intention which is difficult to prove. Kind of like the class bullying telling you to give them your lunch money. And you do it because you know they'll hurt you if you don't. So is it still stealing? Or would it be considered a gift because no one physically forced you to hand your money over.
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But you don't necessarily have to be threatened to be fearful.
 
Enmos said:
But you don't necessarily have to be threatened to be fearful.
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Exactly. In my previous example there was no threat only fear of a threat. So consent from fear of a threat that may or may not have existed. I said that you give the bully money because you know they'll hurt you, but I should have said because you think they'll hurt you if you don't.
 
CutsieMarie89 said:
Exactly. In my previous example there was no threat only fear of a threat. So consent from fear of a threat that may or may not have existed. I said that you give the bully money because you know they'll hurt you, but I should have said because you think they'll hurt you if you don't.
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Exactly, a situation like that poses a problem in any trial.
 
That's why I don't want to be a juror on a trial. I always what if myself to death. Unless the victim was kidnapped and tied up, beaten, and gagged before being raped by the perpetrator everything else is he said- she said. So unless you were actually present for what happened then you have to go with who's story is most feasible.
 
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